Awadhesh Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8465 MP

                                                                   1                              WP-26480-2021
                                        The High Court Of Madhya Pradesh
                                                 WP No. 26480 of 2021
                                           (AWADHESH SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                Jabalpur, Dated : 08-12-2021
                                      Shri Amrit Lal Gupta, learned counsel for the petitioner.

                                      Shri Manoj Kumar Kushwaha, learned Panel Lawyer for the
                                respondent/State.

Heard on the question of admission.

Grievance of the petitioner is that vide impugned order dated

21.07.2015, Annexure P/1 though the petitioner was paid the monetary benefits from the date of promotion to the post of Deputy Commissioner but has denied the salary of the promotional post under the wrong notion of principle of "no work no pay".

Learned counsel for the petitioner submits that the principle is not applicable in this case since the petitioner is continuously working on the post of CEO and later on the promotional post without any break. The pay scale has been assessed from the date of promotion of his junior Shri Raghunath Kharole w.e.f. 30.12.2013 placing the petitioner above the junior in the

gradation list. Petitioner has already filed the representation before the respondent on 16.09.2021 claiming the promotional benefits to be paid to him from 30.12.2013 as extended to the similar situated employee Rajeev Khare in the light of order dated 05.02.2020 passed by this Court in W.P. No.774/2014. Therefore, the respondents may be directed to decide the pending representation in the light of the order passed in W.P. No.774/2014.

On the other hand, learned counsel for the State opposes the prayer and submits that the petition has been filed belatedly after a period of five years and the petitioner was waiting for the outcome of W.P. No.774/2014. The representation with regard to relief claimed in the petition was filed for the first time on 16.09.2021 after the judgment passed in W.P. No.774/2014. As such, no relief can be granted to the petitioner.

Considering the fact that the petitioner is identically situated to that of Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2021.12.08 18:09:32 IST 2 WP-26480-2021 Rajeev Kumar in W.P. No.774/2014, the respondents are directed to decide the pending representation of the petitioner dated 16.09.2021 (Annexure P/2) in the light of order dated 05.02.2020 passed by this Court in W.P. No.774/2014, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of receipt of certified copy of

this order. It is made clear that the representation shall be considered according to its own merits.

This Court has not expressed any opinion on the merits of the case. Disposed of with the aforesaid directions. C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE

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Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2021.12.08 18:09:32 IST